A.
Sprinkler systems, standpipe systems, fire detection
systems and other fire-protective or extinguishing systems and other
firesafety devices which have been installed in compliance with any
permit or order or because of any law or ordinance shall be maintained
in operative condition at all times, and it shall be unlawful for
any owner or occupant to reduce the effectiveness of the protection
so required, except that this shall not prohibit the owner or occupant
from temporarily reducing or discontinuing the protection where necessary
to make tests, repairs, alterations or additions. The Fire Inspector
shall be notified before such tests, repairs, alterations or additions
are commenced if the work is not to be completed within a twenty-four-hour
period.
B.
Sprinkler systems, fire detection systems and other
fire-protective or extinguishing systems shall be inspected and tested
in accordance with the requirements of the New York State Uniform
Fire Prevention and Building Code or successor standards adopted by
New York State and/or National Fire Protection Association standards
by a qualified inspector or at intervals more frequent as required
by the Fire Inspector or by other sections of this chapter or by other
laws or ordinances.
C.
Heat, smoke, flame detectors, water flow devices and
similar devices shall be maintained in a proper operating condition
at all times. Such systems shall be installed and maintained in order
to prevent "false alarms." A "false alarm" is the sounding of the
alarm and the dispatching of the Fire Department to a condition which
is unnecessary (i.e., no fire, no smoke condition, not a good intent
call, etc.). Multiple false alarms will be considered as not maintaining
the fire alarm system in proper working condition and will be a violation
of this chapter. A false alarm caused by the failure of a person,
firm or corporation to properly put a system out of service when making
repairs, tests, etc., shall be a violation of this chapter.
D.
Whenever such tests, repairs, alterations or maintenance
inspections are made, a written report in a form specified by the
Fire Inspector shall be forwarded to the Building Department by the
person, firm or corporation making said tests, repairs, alterations,
inspections or additions.
E.
All fire escapes and exterior fire exit stairs installed
in the Village of Montebello shall be kept in good repair and are
to be painted at least once every three years.
A.
Adequate exits shall be provided in all buildings,
structures and premises within the Village to insure safe egress in
case of fire or other emergency. The location, number, type and other
considerations on exits shall be provided in accordance with the requirements
of the New York State Uniform Fire Prevention and Building Code and
the most current edition of the National Fire Protection Association
Life Safety Code (NFPA 101).
B.
No furnishings, decorations or other objects shall
be so placed as to obstruct exits, access thereto, egress thereof,
or visibility thereof.
C.
Exit lights, emergency lighting and panic hardware
shall be provided in accordance with the requirements listed in Table
I.[1]
[1]
Editor's Note: Table I is included at the end of this chapter.
All electrical appliances, fixtures, and wiring
shall be installed in accordance with the current edition of the National
Electrical Code (NFPA 70). All electrical appliances, fixtures, and
wiring shall be maintained so as not to be a fire hazard nor a source
of ignition for combustible or hazardous substances, materials or
devices.
Where smoking is considered a fire hazard, the
Chief of the Bureau of Fire Prevention, Fire Inspector or Assistant
or Deputy Fire Inspectors shall be authorized to order the owner in
writing to post "NO SMOKING" signs in conspicuous designated locations
where smoking is prohibited. In areas where smoking is permitted,
noncombustible ash trays shall be provided.
[Amended 6-21-2023 by L.L. No. 2-2023]
A.
BONFIRE
OPEN BURNING
PORTABLE OUTDOOR FIREPLACE
RECREATIONAL FIRE
Definitions. The following terms used in this section shall be defined
as follows:
An outdoor fire utilized for ceremonial purposes.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudgepots and similar devices associated with safety
or occupational uses typically considered open flames, recreational
fires or use of portable outdoor fireplaces. For the purpose of this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open.
A portable, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill or barbeque
pit and has a total fuel area of three feet (914 mm) or less in diameter
and two feet (610 mm) or less in height for pleasure, religious, ceremonial,
cooking, warmth or similar purposes.
B.
Bonfires, open burning, recreational fires and portable outdoor fireplaces.
Section 307 of the 2020 Fire Code of New York State, as amended, shall
apply.
C.
Open flame cooking devices and other open flame devices. Section
308 of the 2020 Fire Code of New York State, as amended, shall apply.
A.
The Chief of the Bureau of Fire Prevention or any
inspector, in cooperation with the Chief of Police and the Fire Chief,
is authorized, pursuant to the authority granted under § 1660-a
of the Vehicle and Traffic Law of the State of New York, § 130,
Subdivision 5, of the Town Law and Article 10 of the Village Law of
the State of New York, to determine and establish appropriate fire
lanes and fire zones at parking areas, driveways, private streets
and roadways, of all premises except one- , two-family and three-family
dwellings.
B.
Fire lanes shall be provided for all buildings that
are set back more than 100 feet from a public road or exceed 30 feet
in height and are set back over 50 feet from a public road. Where
buildings are protected throughout with an approved automatic sprinkler
system, the provisions of this section may be modified by the Fire
Inspector.
C.
Fire lanes shall not be less than 20 feet of unobstructed
width, able to withstand live loads of fire apparatus and have a minimum
of 13 feet six inches of vertical clearance.
D.
Fire zones and fire lanes shall be marked with freestanding
signs that have the words NO PARKING - NO STANDING - FIRE LANE (or
ZONE)".
E.
No motor vehicle shall park, stand, or remain unattended
in an established fire zone or fire lane. Fire zones and lanes shall
be maintained free of all obstructions at all times.
F.
More restrictive provisions for fire lanes may be
imposed by the Chief of the Bureau of Fire Prevention.
A.
When a structure is protected by an automatic fire
alarm system or fire suppression system and access to or within the
structure is unduly difficult because of secured openings and where
immediate access is necessary for lifesaving or fire-fighting purposes,
the Chief of the Bureau of Fire Prevention shall have access and a
key secured at a key box, as set forth hereinafter.[1]
B.
All new business, mercantile, industrial, storage,
assembly, institutional and three- or more story multiple residences
constructed, altered or changed in use after the effective date of
this chapter shall have installed a key box in an approved location.
Such key boxes shall be installed prior to the issuance of a certificate
of occupancy.
C.
The key box shall be of the type approved by the Chief
of the Bureau of Fire Prevention and, in order to maintain uniformity
throughout Rockland County, order forms for said key box must be obtained
from the Fire Inspector.
D.
The key box shall contain:
(1)
Keys to locked points of ingress, whether on the interior
or exterior of such structures.
(2)
Keys to locked mechanical rooms.
(3)
Keys to locked electrical rooms.
(4)
Keys to elevator controls.
(5)
Keys to other areas as directed by the Fire Inspector
or Fire Chief.
(6)
The layout of the building showing the locations of
the above.
(7)
Other information as requested by the Fire Inspector
or Fire Chief.
A.
Premises identification. New and existing buildings
shall have approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. The numbers should
be at least three inches in height for residential buildings and four
inches in height for nonresidential buildings and if possible made
of a reflective material for nighttime visibility.[1]
B.
Shaftways to be marked. Every outside opening accessible
to the Fire Department that opens directly on any hoistway or shaftway
communicating between two or more floors in a building shall be plainly
marked with the word "SHAFTWAY" in red letters at least six inches
high on a white background. Such warning signs shall be so placed
as to be readily discernible from the outside of the building.
C.
Stairway marking. Stairways serving four or more stories
shall be provided with signs indicating floor level, roof access or
no roof access, and reentry locations in accordance with the National
Fire Protection Association Life Safety Code (NFPA 101).
D.
Identification of "lightweight" construction.
(1)
Upon inspection and identification of a building,
other than a one- or two-family dwelling, of truss, wood I-beam, or
other "lightweight" type construction, the owner/occupant shall be
notified by the Fire Inspector of the requirements of this Code.
(2)
Upon notification, the owner/operator will be required
to permanently affix an approved twelve-by-eighteen-inch reflective
truss construction identification logo on the building. The exact
location shall be identified by the Fire Inspector. The identification
logos shall be properly installed within 10 days of receipt of written
notice.
(3)
The Fire Inspector should notify the local Fire Chief
of any building with "lightweight" construction. This information
should be provided to the Rockland County Fire Control Center to be
included in the Rockland County computer dispatch system data base.
A.
Every person owning or having control of any vacant
building shall remove all combustible waste and refuse therefrom and
lock, barricade, or otherwise secure all windows, doors, and other
openings in the building to prohibit entry by unauthorized persons.
B.
Buildings that are vacant shall maintain all required
fire detection and suppression systems in service.
[1]
Editor's Note: Former § 89-23, Open flame cooking
outside multiple residences, was repealed 6-21-2023 by L.L. No. 2-2023.
Where the use of security gates is permitted,
such gates shall provide unobstructed view of at least 50% of the
door(s), window(s) or other building opening which is protected by
the security gate when the security gate is in place.
[Added 6-22-2005 by L.L. No. 4-2005]
A.
No place of assembly shall be maintained, operated,
or used as such without a certificate of compliance.
[Amended 5-19-2021 by L.L. No. 2-2021]
B.
"Place of assembly" shall mean any building, room
or space used for assembly or gathering for recreation, political,
religious, social, amusement or entertainment purpose. "Place of assembly"
occupancies shall include, but shall not be limited to, live performance
and motion-picture theaters, meeting halls, auditoriums, exhibition
halls, museums, skating rinks, gymnasiums, bowling alleys, poolrooms,
restaurants, licensed premises dispensing alcoholic beverages, churches,
dance halls and club rooms.
C.
Posting of maximum occupancy. The maximum number of
occupants permitted within assembly spaces shall be established by
the Code Enforcement Official, and a sign setting forth such maximum
number shall be conspicuously posted in each space and shall not be
exceeded. Posting of the occupancy limit sign shall be deemed notice
to the owner, manager or person in charge and shall be deemed an order
to comply. Violation of the occupancy requirements is a violation
of this chapter and punishable pursuant to the provisions of this
chapter.
D.
Overcrowding. It is the responsibility of the owner,
manager or person in charge to assure that the occupant load does
not exceed the number established by the Code Enforcement Official;
and he shall not permit overcrowding or admittance of any person beyond
the approved number of occupants of any place of assembly nor permit,
allow or suffer the total number of persons at any one time to be
in such a number so as to constitute a threat or danger to the public
health, safety or welfare.
E.
The Fire Inspector or any Assistant or Deputy Fire
Inspector, Building Inspector, Assistant Building Inspector, or police
officer, upon finding overcrowding conditions, shall cause the premises
to be brought into compliance with the occupancy limit, and shall
stop any function, performance, spectacle or entertainment until such
condition is corrected.
F.
In attempting to bring a premises into occupancy compliance,
any person refusing to leave a premises or comply with the order or
direction of the person in charge or Fire Inspector, Assistant Fire
Inspector, Building Inspector, Assistant Building Inspector or a police
officer, as the case may be, shall be in violation of this chapter.
